OPINION & ORDER Plaintiff Ramiro Lemus commenced this action against Todd Pezzementi (“Todd”), Shawn Pezzementi (“Shawn”),1 and Northern Tree Service (“Northern”) asserting claims under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Before the Court is Plaintiff’s application for a default judgment against Defendants Todd and Northern (together, “Defendants”). (ECF No. 70.) Defendants oppose the application and seek to set aside their default. (ECF No. 71.) The Court has reviewed the parties’ submissions and considered the arguments made by both parties at a show cause hearing held on April 26, 2018, at the United States Courthouse, 300 Quarropas St., White Plains, NY 10601. For the following reasons, Defendants’ application to set aside their default is DENIED, and Plaintiff’s application is GRANTED to the extent provided herein. BACKGROUND2 Plaintiff was employed by Defendants as a tree cutter between September 2013 and July 21, 2014. (Compl.
18-19.) During the period of his employment, Plaintiff alleges that he worked over 40 hours per week, and often worked over 10 hours per day. (Id. 24.) Plaintiff further alleges that he worked five to six days a week and averaged between 50 and 55 hours of work per week. (Id. 25.) Plaintiff was paid a fixed salary of $1,500.00 per week, with $400.00 paid to him by check and $1,100.00 paid to him in cash. (Id. 26.) Plaintiff was not paid overtime when he worked over 40 hours in one week. (Id. 27.) According to Plaintiff, Defendants knowingly and willfully operated their business with a policy of (1) not paying overtime to their employees; (2) not providing a proper wage statement to their employees; and (3) not maintaining workers’ compensation insurance coverage. (Id. 16.) On July 21, 2014, Plaintiff cut his hand with a chainsaw while working for Defendants. (Id. 34.) Plaintiff was fired the same day, allegedly because his injury was going to reveal Defendants’ “practice and policy of violating the law by not maintaining Workers’ Compensation insurance coverage.” (Id.
